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Real Estate Program - psers

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Approval and Closing Process<br />

After review of an investment package, the Consultant shall inform the MDPMRE of its<br />

conclusions and recommendations regarding the investment opportunity.<br />

Upon concurrence by the MDPMRE and Consultant of the validity of an investment<br />

opportunity, the investment will be scheduled as an agenda item at the next possible<br />

Committee meeting. The MDPMRE may inform the Submitter of preliminary staff level<br />

approval of a transaction, but shall indicate to the Submitter that formal approval requires<br />

Committee and Board concurrence.<br />

Immediately following Committee approval the MDPMRE shall schedule the investment as an<br />

agenda item at the next possible Board meeting. The MDPMRE may inform the Submitter of<br />

Committee approval, but shall inform the Submitter that formal approval requires Board<br />

action.<br />

Immediately following Board approval, the MDPMRE and Consultant will prepare a formal<br />

notice of approval to be sent to the Submitter/Seller, including specification of all conditions of<br />

closing. Within ten (10) working days of Submitter’s/Seller’s receipt of said notification of<br />

approval, the Submitter/Seller shall provide in writing to the MDPMRE and Consultant<br />

evidence that the Seller of the subject transaction has formally agreed to all PSERS’<br />

conditions of closing and shall specify a closing date acceptable to PSERS.<br />

Within 30 days of Advisor receipt of formal notice of approval, Submitter/Seller will prepare or<br />

cause to be prepared and delivered to the MDPMRE and Consultant the following:<br />

1. Complete market analysis demonstrating the subject property's competitiveness within<br />

its market area.<br />

2. A complete environmental hazard analysis including a preliminary risk management<br />

plan.<br />

3. Any other information that PSERS may require as a condition to closing. (PSERS may<br />

require, on a case-by-case basis, an independent appraisal.)<br />

At the next Committee and Board meetings following a staff level investment approval, the<br />

MDPMRE will submit an executive summary of the transaction. Documents relating to any<br />

such investment will be executed in accordance with PSERS' standard policy, i.e., by any 2 of<br />

the individuals holding the following positions: Executive Director, Chief Investment Officer or<br />

Assistant Executive Director.<br />

The MDPMRE will request that the Deputy Chief Counsel - Investments request that the<br />

Pennsylvania Office of General Counsel designate outside legal counsel experienced in real<br />

estate to assist in the closing. This process will be under the direct supervision of PSERS’<br />

Chief Counsel who will be required to sign off as to his or her satisfaction of all legal issues<br />

related to the property, the investment structure and the documentation prior to the closing<br />

date in order for a closing to occur.<br />

Approved March 13, 2009 V-12

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